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6TH NLIU JUSTICE R.K. TANKHA MEMORIAL INTERNATIONAL ARBITRATION MOOT, 2021 CASE RECORD IN THE MATTER OF AN ARBITRATION BETWEEN Instant Beauty & Care Ltd. and Balkan Group Hold Jsc. UNDER The Arbitration Rules of the Singapore International Arbitration Centre (6th Edition, 1 August 2016) 5 March 2021 – 7 March 2021 ORGANISED BY: National Law Institute University, Bhopal In association with The Office of Mr. Vivek Tankha Senior Advocate, Supreme Court of India and Member of Parliament, Rajya Sabha INDEX Document Page Index 2 About Late Justice R.K. Tankha 3 Acknowledgment - The Office of Mr. Vivek Tankha 4 Acknowledgment - The Drafting Committee 5 Email by Rajiv Sandeep (30 June 2020) 6 Notice of Arbitration and Statement of Claim 7 Claimant Exhibit C 1 (Manufacturing and Supply Agreement) 13 Claimant Exhibit C 2 (Email 15 October 2018) 16 Claimant Exhibit C 3 (Purchase Order No. 002) 17 Claimant Exhibit C 4 (Invoice No. 0000000789) 18 Claimant Exhibit C 5 (Email 3 January 2020, 11:10) 19 Claimant Exhibit C 6 (Purchase Order No. 006) 20 Claimant Exhibit C 7 (Email 3 January 2020, 16:20) 21 Claimant Exhibit C 8 (Email 10 February 2020, 09:10) 22 Claimant Exhibit C 9 (Government Decree No. 63/DF of 31 January 2020) 23 Claimant Exhibit C 10 (Email 11 February 2020) 24 Claimant Exhibit C 11 (Email 16 February 2020) 25 Claimant Exhibit C 12 (Email 18 February 2020) 26 Claimant Exhibit C 13 (Email 7 May 2020) 27 Claimant Exhibit C 14 (Email 5 June 2020) 28 Claimant Exhibit C 15 (Email 9 June 2020) 29 Claimant Exhibit C 16 (Email 10 June 2020) 30 Email by Sankar Sudheer (10 July 2020) 31 Response to Notice of Arbitration and Statement of Defence 32 Respondent Exhibit R 1 (Email 5 January 2018) 35 Respondent Exhibit R 2 (Email 23 January 2018) 36 Respondent Exhibit R 3 (Email 7 February 2018) 38 Procedural Order No. 1 39 2 | P a g e ABOUT LATE JUSTICE R.K. TANKHA Born on 29 May 1926, Justice Tankha completed his schooling at Allahabad and graduated in law from Allahabad University. Thereafter, he practised as a junior counsel to Shri Gopal Swarup Pathak, Senior Advocate, who later became the Vice President of India. Around 1950-51, Justice Tankha started his legal practice from Rewa, Madhya Pradesh where he received professional acclaim at a very young age. Subsequently, he moved to Jabalpur, the seat of the High Court of the State of Madhya Pradesh, and within a short period of time, gained prominence at the Madhya Pradesh Bar. He also served as the President of the High Court Bar Association. In 1972, he was elevated as a Judge of the Madhya Pradesh High Court. Justice Tankha passed away at the age of 52 on 13 December 1978. His son, Shri Vivek Tankha, joined the Bar in 1979 and is one of the most eminent senior advocates. He was the Advocate General of State of Madhya Pradesh from 1999 to 2003. He was also the Additional Solicitor General of India before the Supreme Court from 2009 to 2012. An avid philanthropist, Mr. Tankha has facilitated the opening of various Rotary Cross Blood Banks in tribal areas and has set up five schools for specially-abled children in five towns in the states of Madhya Pradesh and Chhattisgarh. This Competition was founded by Shri Vivek Tankha in the memory of his father - Justice Tankha, to motivate young law students to strive for legal excellence and to promote the spirit of academic enquiry. 3 | P a g e ACKNOWLEDGMENT - THE OFFICE OF MR. VIVEK TANKHA We would like to extend our sincere gratitude and thanks to Mr. Vivek Tankha for his constant support towards the successful organisation of this Moot. We would also like to thank Mr. Varun K. Chopra, Mr. Varun Tankha and Mr. Prashant Sivarajan, members of the Office of Mr. Tankha, for their valuable ongoing help in the organisation of the Moot. 4 | P a g e ACKNOWLEDGMENT - THE DRAFTING COMMITTEE This Case Record has been authored by Ms. Velislava Hristova. Mr. Kevin Nash, Deputy Registrar and Centre Director of the Singapore International Arbitration Centre, Mr. Piyush Prasad, Associate Counsel of the Singapore International Arbitration Centre, Mr. Stanislav Cherkezov, Legal Counsel of Huvepharma nv and Ms. Sadhvi Mohindru, Associate of HFW also reviewed the case and provided their valuable input. Lastly, we also thank Mr. Prashant Mishra, Partner, L&L Partners Law Offices, (NLIU Batch of 2005), for his support and guidance. Note: Teams are prohibited from contacting the aforementioned persons in relation to this Competition directly or indirectly. The Administrators reserve the right to take any appropriate action, including disqualification and/or blacklisting the participating institution and/or the members found engaging in such conduct. 5 | P a g e From [email protected] Sent 30 Jun. 2020 09:30 To [email protected]; [email protected] Subject Notice of Arbitration and Statement of Claim Attachments Notice of Arbitration and Statement of Claim with Exhibits.pdf; Power of Attorney.pdf; CV of Ms. Navya Saxena.pdf; Proof of payment of the filing fee.pdf Dear Mr. Gorsky, Dear Sir/Madam, On behalf of my client, Instant Beauty & Care Ltd., I hereby submit the attached Notice of Arbitration and Statement of Claim against Balkan Group Hold Jsc. pursuant to Rule 3 of the Arbitration Rules of the Singapore International Arbitration Centre (6th Edition, 1 August 2016) ("SIAC Rules"). The Respondent's CEO, Mr. Gorsky, is also copied to this email, and with this, I deem the obligation of the Claimant to serve the Notice of Arbitration and Statement of Claim to be satisfied. The Claimant also files an application for the arbitral proceedings to be conducted in accordance with the Expedited Procedure provided under Rule 5 of the SIAC Rules. A copy of the Power of Attorney authorising me to represent Instant Beauty & Care Ltd. in these arbitral proceedings is also attached. Moreover, the respective filing fee in accordance with the Schedule of Fees has been paid, and the confirmation for the payment is attached. Instant Beauty & Care Ltd. alleges breach of contractual obligations and claims damages in the amount of USD 225,000 plus the costs incurred in the arbitration. The contract that gives rise to the arbitration provides that the seat of the arbitration shall be City of Lakes, Iliria and that the language of the arbitration shall be English. The arbitration agreement provides that the arbitral tribunal shall consist of one arbitrator. Instant Beauty & Care Ltd. hereby nominates Ms. Navya Saxena to serve as an arbitrator in the present arbitration. The CV of Ms. Saxena is attached to this email. Yours faithfully, Rajiv Sandeep (Counsel for the Claimant) Green & Case LLP 11, Mango Street, Velikomoravskoe, Moravia 6 | P a g e NOTICE OF ARBITRATION AND STATEMENT OF CLAIM (In accordance with Rule 3 of the SIAC Rules 2016) In the arbitral proceedings between The Parties ~Claimant~ Instant Beauty & Care Ltd. 58 ABC Street, Velikomoravskoe, Moravia Represented by Green & Case LLP Balkan Group Hold JSC ~Respondent~ Independence Avenue, 17-586 Capitolia, Panonia. I. Parties to the Arbitration A. Claimant 1. Instant Beauty & Care Ltd. [hereinafter referred to as the "Claimant"] is a limited liability company incorporated and duly existing under the laws of Moravia. It has the legal capacity to initiate and participate in actions in its own name. The principal office of the Claimant is at 58 ABC Street, Velikomoravskoe, Moravia. The telephone number is +333 282930. 2. The Claimant is represented in this arbitration by the law firm Green & Case LLP, which has the following address: 11, Mango Street, 1111 Velikomoravskoe, Moravia Tel: +333 029278, Email: [email protected]. 3. The Claimant is one of the leading manufacturers of cosmetics with a particular focus on skincare. The Claimant is best known for its product "Re/Skin" - a skincare cream based on ceramides, famous for its immediate and long-lasting relief effects. "Re/Skin" accounts for a significant part of the total revenue of the company and is a worldwide bestseller. 4. All communications to the Claimant in this arbitration should be made to Mr. Rajiv Sandeep at the address referenced in the email. 7 | P a g e B. Respondent 5. Balkan Group Hold Jsc. [hereinafter referred to as the "Respondent"], is a joint-stock company incorporated in Newland, involved in the production and wholesale of active ingredients for the pharmaceutical and cosmetics industries. 6. The Respondent has its principal office at the following address: Independence Avenue, 17-586 Capitolia, Panonia Tel: +79 225 9068 Fax: +79 2259410 7. The Respondent owns and operates a recently built chemical plant, equipped with the latest innovations in the field, allowing for the simultaneous production of large amounts of active ingredients for different purposes. 8. The Claimant and the Respondent are collectively referred to as "Parties". II. Factual Background 9. The "Re/Skin" is one of the most significant products in the portfolio of the Claimant. It is widely used for skincare procedures and has an excellent relief effect on smaller skin wounds. The product accounts for a large portion of the revenue generated by the Claimant. It is considered that the "Re/Skin" owes its huge market success to the innovative way of mixing ingredients with supreme quality. One of the main ingredients used in "Re/Skin" is ceramides. 10. Until the end of 2017, the Claimant produced all ingredients for "Re/Skin" in its own production facilities. The huge market success and the pressure to bring the remaining product portfolio to the high standards set by "Re/Skin" required the Claimant to start looking for options to outsource production of some of the ingredients used in "Re/Skin".

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